- 19 - cost of living for specific years according to such factors as age, size of consumer unit, occupation and location in the greater New York area to determine that petitioner had a cost of living-–and, hence, net income-–of $16,766 for 1991 and $17,461 for 1992. OPINION The Commissioner’s determinations in the notice of deficiency are presumed correct, and petitioner bears the burden of proving that the determinations are in error.3 See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). We note at the outset that petitioner has no credibility with respect to the matters on which she testified. Her testimony was shown on repeated occasions to be false, indicating to us that she did not consider herself under any particular obligation to testify truthfully in these proceedings. For example, she denied absolutely that she, either in a personal or corporate capacity, received any money for providing escort services, although many of the 17 individuals identified in respondent’s notice of deficiency testified credibly that they paid her for such services. Also, petitioner first denied any detailed knowledge regarding an eviction proceeding for an 3 Sec. 7491 does not apply to this case because the examination commenced prior to July 22, 1998, the effective date of that section. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c)(1), 112 Stat. 726.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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